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Husband is an alcoholic I want divorce and child custody what to do


20-Mar-2023 (In Divorce Law)
I had a love marriage with intercaste SC person who is one of my classmate. My father didn't give him the dowry much. He spent around 2 lakhs during my marriage time. I started earning as husband is not so educated and earn very less. I did my MCA and got a job in an IT company. I have a son who is 5 years old. My husband drinks and smokes and abuses my family members and talks to me rudely. He suspects me while I be in office and the phones that I receive . It is like better to end up life staying with him with no respect as a human being. But I think of my son who is so small. I don't want his shadow also on my son now, when I am alive. It seems 8 year's my marriage happened. I don't want any amount also from him, I just want my son to be with me...
Answers (3)

Answer #1
724 votes
If you really want to end the marriage you can file a Petition for dissolution of Marriage with your husband on the grounds of cruelty. Since you are now living together you cannot have physical custody of your child exclusively. You can move a Petition for custody of your son after the divorce or seeking the relief of custody along with divorce.
Answer #2
988 votes
Hi
You can file a complaint under domestic violence act and ask the court to issue
1) Restraining orders against your husband
2) Residence orders for you and your son and
3) Custody of your son without any interference from your husband.
A domestic violence case can be filed in court or in women police station nearest to you
Answer #3
753 votes
Madam,
First of all you put your dissatisfaction before him by yourself if you got dare or through mediators. You must get transferred from the town which your husband lives to separate from him. You will not allow your husband to stay with you. You did not mention what is your husband. You must file a petition for divorce to live separately from him. You may retain your son with you. You must seek legal assistance by engaging an expert advocate for filing divorce petition and getting legal notice get issued to him for living separately with your son from him.

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